Bombay High Court

Shripati Krishna Chavan deceasedversusRupchand Kisandas Desai deceased

Disposal: Allowed

Holding

The court held that the interim application was timely and therefore allowed.

Summary

The applicant filed an interim application seeking to record the legal heirs of the deceased appellant No.1 in a second appeal. Counsel argued that there was no delay in filing the application. The court examined the procedural propriety of the filing and found no lapse of time. Consequently, the court allowed the interim application as per the prayer clause. It directed that the necessary amendment be effected within three weeks and thereafter disposed of the interim application.

Issues considered

What is the procedural requirement for filing an interim application to record legal heirs?
Is there any delay that would bar the filing of such an interim application?

Subjects

interim application
legal heirs
procedural law
civil appellate jurisdiction
amendment

Judgment

                                                        39-IA-1420-2026 (C).docx


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIRCUIT BENCH AT KOLHAPUR
                    CIVIL APPELLATE JURISDICTION

               INTERIM APPLICATION NO. 1420 OF 2026
                                 IN
                  SECOND APPEAL NO. 469 OF 2014
Shripati Krishna Chavan Deceased          … Applicant
             V/s.
Rupchand Kisandas Desai Deceased          … Respondent
                ________________________
Mr. Harshvardhan B. Suryawandhi (Through VC), Advocate
for the Applicant.
                  _________________________

                                CORAM       : RAJESH S. PATIL, J.


                                DATED       : SEPTEMBER 17, 2026
P.C.:


1.       This Interim Application has been filed to bring on record the

legal heirs of deceased appellant No.1. Mr. Suryawandhi, learned

counsel for the applicant submits that there is no delay in filing this

application.


2.       In view of the same, the Interim Application stands allowed in

terms of prayer clause (A).


3.       Amendment to be carried out within a period of three weeks from

today.


4.       The Interim Application stands disposed of.

                                                   (RAJESH S. PATIL, J.)


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